Legal Question in Family Law in Canada

child support

Canada, child support laws: if the party you are paying child support to gets married, what does that do with the child support they are receiving? Does it lower? Do we not have to pay if the new spouse becomes legal gaurdian? The mother and father never lived together, they were together less than a year. We have a large morgage to pay as well. Does that have an effect?


Asked on 6/18/08, 5:18 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: child support

The laws vary from Province to Province; there is no answer for "Canada". In British Columbia, the child has the rght of support from all "parents" as that term is defined, even if there are 3 or more "parents"; thus the step-father pays by actually providing a home and the necessities of life and the biological father pays in cash. There is no reduction in child support because the custodial parent remarries - marriage is between the mother and her new husband and child support is between the child and the non-custodial parent (here the father) but the right to collect it is that of the custodial parent (the mother) and she has a duty to do so; generally she is not permitted by law to compromise the child's right to child support, even if she wants to.

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Answered on 6/23/08, 7:41 pm


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